(Enclosure to DepEd Memorandum No. 93, s.

2016)

development. Guided by the principles on survival and

development, on child participation, and consistent with the
United Nations Convention on the Rights of the Child, as well
as the Childrens Charter for Disaster Risk and Reduction, and
the minimum standards for children in humanitarian action,
the State shall establish and implement a comprehensive and
strategic program of action to provide the children and
pregnant and lactating mothers affected by disasters and other
emergency situations with utmost support and assistance
necessary for their immediate recovery and protection against
all forms of violence, cruelty, discrimination, neglect, abuse,
exploitation and other acts prejudicial to their interest,
survival, development and well-being.
SEC. 3. Definition of Terms. - For the purposes of this
Act, the following shall refer to;
(a)
Child - refers to a person below eighteen (18) years
of age or those over but are unable to fully take care of
themselves or protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental
disabihty or condition as defined in Republic Act No. 7610 or
the Special Protection of Children Against Abuse, Exploitation
and Discrimination Act;
(b)
Child with Special Needs - refers to a child with
a developmental or physical disability as defined in RepubUc
Act No. 10165 or the Foster Care Act of 2012;
(c)
Child-Friendly Spaces - refer to spaces where
communities create nurturing environments for children to
engage in free and structured play, recreation, leisure and
learning activities. The child-friendly space may provide health,
nutrition, and psychosocial support, and other services or
activities which will restore their normal functioning:
(d)
Civil Registry Documents - refer to all certificates,
application forms, and certified true copies of legal instruments
and court decrees concerning the acts and events affecting the
civil status of persons which are presented before the Civil
Registrar and are recorded in the Civil Registry;

-r

(e) Civil Society Organizations (CSOs) - as defined in

Republic Act No. 10121 or the Philippine Disaster Risk
Reduction and Management Act of 2010, refer to non-state
actors whose aims are neither to generate profits nor to seek
governing power such as nongovernment organizations (NGOs),
professional associations, foundations, independent research
institutes, community-based organizations (CBOs), faith-based
organizations, peoples organizations, social movements, and
labor unions which are organized based on ethical, cultural,
scientific, religious or philanthropic considerations;
(f) Disasters as defined in Republic Act No. 10121,
refer to a serious disruption of the functioning of a community
or a society involving widespread human, material, economic,
or environmental losses and impacts, which exceeds the abihty
of the affected community or society to cope using its own
resources. Disasters are often described as a result of the
combination of: the exposure to a hazard; the conditions of
vulnerability that are present; and insufficient capacity or
measures to reduce or cope with the potential negative
consequences. Disaster impacts may include loss of life, injury,
disease and other negative effects on human, physical, mental
and social well-being, together with damage to property,
destruction of assets, loss of services, social and economic
disruption, and environmental degradation:
(g) Emergency refers to unforeseen or sudden
occurrence, especially danger, demanding immediate action as
defined in Republic Act No. 10121;
(h) Family Tracing and Reunification - refers to the
process where disaster response teams reunite families
separated by natural and human catastrophes by bringing
together the child and family or previous care-provider for the
purpose of establishing or reestablishing long-term care;
(i) H azard - refers to a dangerous phenomenon,
substance, human activity or condition that may cause loss
of fife, injury or other health impacts, property damage, loss
of livelihood and services, social and economic disruption, or
environmental damage as defined in Repubhc Act No. 10121;

(j) Orphans or Orphaned Children - refer to children who

do not have a family and relativ es who can assum e
responsibility for their care;
(k) Separated Children - refer to children separated fi-om
both parents, or from their previous legal or usual primary
caregiver, but not necessarily from other relatives. As a result,
this may include children accompanied by other family
members;
G) State of Calamity - refers to a condition involving
mass casualty and/or major damages to property, disruption
of means of livelihoods, roads, and normal way of life of people
in the affected areas as a result of occurrence of natural or
human-induced hazard as defined in Republic Act No. 10121;
(m) T ran sitio n a l S helter - refers to stru c tu re s
temporarily constructed by the government intended for
families affected by a disaster while awaiting transfer to
permanent shelters; and
(n) Unaccompanied Children - refer to children who
have been separated from both parents and other relatives, and
who are not being cared for by an adult who, by law or
custom, is responsible for doing so.
Sec . 4. Comprehensive Emergency Program for Children.
- The Department of Social Welfare and Development G^SWD)
shall formulate a Comprehensive Emergency Program for
Children, hereinafter referred to as the Program, taking into
consideration humanitarian standards for their protection. The
Program shall be used as the basis for handling disasters and
other emergency situations to protect children, pregnant and
lactating mothers, and support their immediate recovery. This
shall be implemented immediately after the declaration of a
national or local state of calamity or occurrence of any other
emergency situation.
The DSWD shall engage all relevant government agencies
and stakeholders for the implementation of the Program. Local
government units (LGUs) shall integrate the same in their
developm ent and Local D isaster Risk Reduction and
Management (LDRR\D plans and budget.

The Program shall be gender-sensitive and have the

following components:
(a)
Establishment of Evacuation Centers. LGUs shall
establish and identify safe locations as evacuation centers for
children and families subject to the limitations found in
Section 5 of this Act.
(b) Estabhshment of Transitional Shelters for Orphaned,
Separated, and Unaccompanied Children. - The National
Housing Authority (NHA) shall, in coordination with the
DSWD, the D epartm ent of Environm ent and N atural
Resources (DENR). Department of Pubhc Works and Highways
(DPV\TH), Department of the Interior and Local Government
(DILG), and LGUs of the areas declared under a state of
calamity, immediately establish an option for transitional
shelters, prioritizing vulnerable and marginalized groups
including orphaned, separated, and unaccompanied children,
and pregnant and lactating mothers. New transitional shelters,
established pursuant to this Act, shall be designed with the
following considerations: gender-specific emergency latrines,
bathing cubicles, and hand washing facilities specifically
designed for children. It shall provide m other and
child-friendly spaces where children can take part in child
activities. It shall also have provisions for maternal and
newborn and infant care and rooms to protect, feed, provide
personal care, and ensure the right to privacy. Existing
transitional shelters shall be modified to the extent possible
to comply with the abovementioned considerations.
(c) Assurance for Immediate Debvery of Basic Necessities
and Services. - The Program shall facihtate and ensure the
immediate delivery of basic necessities and services specifically
required by the affected children in different stages of
development such as access to basic health services, food,
water, nutrition, medicines, clothing, sanitary and hygiene
kits, and other emergency needs such as blankets, mosquito
nets, cooking ware and fuel, and flashlights. The Program
shall give priority to the specific health and nutrition needs
of pregnant women, lactating mothers, newborn babies,
children under five (5) years old and children with special
needs.

(d)
Stronger Measures to Ensure the Safety and Security
of Affected Children. - Under the Program, the Philippine
National Police (PNP) shall, in coordination with the Armed
Forces of the Philippines (AFP) and the DSVVD, DILG,
LGUs, Department of Education (DepED), Commission on
Higher Education (CHED) and CSOs in the community,
monitor and ensure the safety and the security of the affected
children in the areas declared under a state of calamity and
shall protect them against aU forms of abuse and exploitation.
Upon the declaration of a national and local state of
calamity, the PNP and the DSWD, with the assistance of the
AFP operating units in the area and local councils against
trafficking and violence against women and their children, in
accordance with existing laws, shall immediately heighten
comprehensive measures and monitoring to prevent child
trafficking, labor, and prostitution, including domestic and
sexual violence, in the areas declared under a state of calamity.
The DSWD shall require all government agencies, LGUs,
and CSOs which are tasked to provide any assistance or
services to the affected children to adopt a child protection
poUcy. The child protection policy shall include measures to
deter and effectively respond to cases of violence, abuse, and
exploitation of children.
All LGUs shall prioritize the estab lish m en t and
functionality of the barangay violence against women and
children (VAWC) desks. The VAWC desk shall serve as one
of the key reporting and referral mechanism for cases of
violence, abuse, and exploitation of children in the barangay
during all phases of emergency response and recovery.
Children shall be given priority during evacuation as a
result of a disaster or other emergency situation. Existing
CSOs in the community shall be tapped to look after the
safety and well-being of children during evacuation operations.
Measures shall be taken to ensure that children evacuated are
accompanied by persons responsible for their safety and
well-being.

(e)
Delivery of Health, Medical, and Nutrition Services.
- Under the Program, the DOH, in coordination with the
DSVVD, LGUs, and CSOs in the community, shall provide the
health, medical, and nutritional needs of children in the areas
declared under a state of calamity, including psychosocial
interventions for children in different stages of development.
(0 Plan of Action for Prompt Resumption of Educational
Services for Children. - The DepED, in coordination with the
DSVVD, DILG, and the concerned LGUs shall ensure the
prompt resumption of educational services for all children,
including early childhood care and development for children
aged below five (5).
(g) Establishm ent of Child-friendly Spaces. The
concerned LGU shall set up child-friendly spaces in every city
or municipahty declared under a state of calamity, as needed,
based on the guidelines to be promulgated by the DSVVD. In
addition, LGUs shall coordinate with lead agencies and CSOs
to efiectively respond to the needs of the children in the area.
Child-friendly spaces shall be made available throughout a
crisis, from emergencies to recovery.
In case the concerned LGU cannot immediately respond
due to the huge impact of disaster, the DSVVD, together with
the concerned national government agencies and in coordination
with the CSOs and other stakeholders, as well as nearby
LGUs, shall provide the necessary child care services and social
protection of affected children.
(h) Promotion of Childrens Rights. The Program shall
include activities and processes that wdl promote and uphold
the rights of children by:
(1) Providing child-centered training for all responders;
(2) Ensuring that children are provided with adequate
access to age-appropriate information on their roles and
responsibilities and those of government agencies before,
during, and after disasters and other emergency situations;

(3) Providing an effective mechanism for training and

meaningful participation of children in community disaster risk
reduction program; and
(4) Consulting with the affected children on their needs
and priorities for post-disaster rehef and recovery.
Sec . 5. Evacuation Centers. Only in cases where there
is no other available place or structure which can be used as
a general evacuation center may a school or child development
center be used as an evacuation center.
WTien a school or child development center is used as
an evacuation center, gymnasiums, learning and activity
centers, auditoriums and other open spaces shall be utilized
first. Classrooms shall only be used as a last resort. The use
of the school premises shall be as brief as possible. If the use
is predicted to exceed fifteen (15) days, the affected LGU shall
provide written documentation to the DepED and the DILG
on the following:
(a) The name and location of the school;
(b) All alternative sites and proposal for final site
selection:
(c) Measures being implemented to prevent interference
or disruption to the school and educational activities of
children; and
(d) Other particulars to be provided in the implementing
rules and regulations of this Act.
The DepED, in coordination with the DPVVH, shall
continuously monitor and assess the condition of temporary
learning spaces or other transitional and semi-permanent
structures used as classrooms after a disaster, and if the use
exceeds six (6) months after the declaration of a state of
calamity, the regional DepED office shall conduct regular site
inspections and shall certify to the Secretary of Education that
such spaces are in good physical condition and sufficient to
ensure the safety of the children and their environment.

S e c . 6. Orphaned, Unaccompanied, or Separated

Children. The DSVVD, upon consultation with relevant
agencies, shall develop a minimum set of standards and
guidelines for the Family Tracing Reunification System of
orphaned, unaccompanied and separated children.
Orphaned children, and unaccompanied or separated
children whose famihes or relatives cannot be found or assessed
to be incapable of providing proper care and protection shall
be placed in a licensed or accredited residential care facihty
or with a foster family in accordance with Article 140 of the
Child and '^outh Welfare Code, or a community-based center.
A registered social worker shall provide the needed case
management and intervention.
Sec . 7. System of Restoring Civil Registry Documents.
- To ensure that vital information pertaining to the personal
circumstances of a child are adequately protected and available
at all times, the Philippine Statistics Authority (PSA) shall
develop a system, for the restoration and reconstruction of civil
registry documents that have been destroyed or declared lost
or missing during a disaster or calamity.
The PSA shall submit a report on the number of restored
or reconstructed documents to appropriate government agencies
for effective monitoring and reporting and to ensure the
continued access of the affected children to social services and
facilitate the reunification of separated children with their
famihes.
The PSA shall likewise develop a system for the
registration of children born during a national or local state
of calamity.
Sec . 8. Training of Emergency Responders on Child
Protection. The National Disaster Risk Reduction and
Management Council (NDRRMC) shall promote and conduct
a child-responsive training program for all responders in the
calamity area such as community and barangay leaders,
community members, school personnel and other rescuers.
The training program shall include the following:

10

(a) Proper procedures and measures to assess the

situation, safeguard and protect the affected children during
and after emergencies and disasters; and
(b) Appropriate training on psychosocial interventions for
children in different stages of development who are victims of
calamities.
Each member agency shall include or mainstream child
protection in their emergency response training to service
providers.
Sec . 9. Data Gathering, Monitoring, and Reporting. The agencies mandated by this Act shall monitor and report
on the implementation of services under the Program to be
submitted jointly to Congress annually. The report shall
include a specific section on pregnant women and children
under five (5) years of age as a strategy to address the
post-disaster nutrition needs of children under age five (5) and
pregnant women.
In the aftermath of a national or local state of calamity,
the collection and reporting of data for the Disaster Risk
Reduction and Management Information System at all levels,
as provided for in Republic Act No. 10121, shall be
disaggregated by age, gender, ethnicity, and special needs.
Such collected data shall be utilized to imderstand and respond
better to the needs of children affected by disasters and
calamities.
Within five (5) days from the declaration of a national
state of calamity or as soon as practicable, the DSWD and
the DILG shall jointly submit written documentation and
report on their surveillance and monitoring under Section 4(d)
to the appropriate committees of the Senate and the House
of Representatives.
Sec . 10. Appropriations. The amount necessary for the
initial implementation of this Act shall be charged against the
current appropriations of the DSWD, Office of Civil Defense
(OCD). DepED, DOH, Department of National Defense (DNT))
and PSA. Thereafter, the amount needed for the continued
implementation of this Act shall be included in the annual

//

General Appropriations Act. For LGUs, the implementation of

the programs shall be charged against the Local Disaster Risk
Reduction and Management Fund (LDRRMF).
Sec . 11. Implementing Rules and Regulations. - Within
ninety (90) days from the effectivity of this Act, the DSWD,
in consultation and coordination with the DMD, OCD, DOH,
DepED, DILG, PNP, AFP and child-focused CSOs shall
promulgate the necessary rules and regulations for the effective
implementation of this Act.
S ec . 12. Interpretation Clause. The provisions of this
Act and its implementing rules and regulations shall be
liberally construed in favor of the best interest of the child.
Sec . 13. Separability Clause. If any provision or part
of this Act is declared invalid or unconstitutional, the
remaining parts or provisions not affected shall remain in full
force and effect.
S ec . 14. Repealing Clause. All laws, executive orders,
presidential decrees, rules and regulations or parts thereof
inconsistent with any provision of this Act are hereby repealed,
amended or modified accordingly.
Sec . 15. Effectivity. - This Act shall take effect fifteen
(15) days after its publication in the Official Gazette or in a
newspaper of general circulation.
Approved,

FELICIANO BELMONT!
Speaker of the House
of Representatives

riLON
Jsident of the Senate

12

Senate Bill No. 3034, which was approved by the Senate

on February 1, 2016, was adopted as an am endm ent to
House Bill No. 5285 by the House of Representatives on
February 2, 2016.

M.VRILYN

B A R I^ -Y A P

Secretary General
House of Representatives

OSCAR G Y a BES

Secretary' of the Senate

Approved: way 1 8

BENIGI^O S I AQUINO III

President of fie Philippines
S1

PNOYC21228